H.R.2794 - Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025; NO FAKES Act of 2025 (119th Congress)
Summary
H.R.2794, the NO FAKES Act of 2025, aims to protect intellectual property rights related to an individual's voice and visual likeness, particularly concerning digital replicas. It establishes a framework for rights holders to control the use of their likeness in digital media and provides legal recourse against unauthorized replication.
The bill defines key terms like "digital replica" and "online service," outlining the scope of its application. It creates a digital replication right, granting individuals and their heirs the ability to license and control the use of their voice and visual likeness. The act also establishes safe harbor provisions for online services that comply with certain notice and takedown procedures.
Furthermore, the bill preempts state laws regarding digital replicas in expressive works, with some exceptions. It also includes provisions for civil actions, remedies, and subpoena power to identify violators.
Expected Effects
The NO FAKES Act will likely lead to increased legal protection for celebrities and other public figures against the unauthorized use of their likeness in AI-generated content. This could result in a more regulated environment for the creation and distribution of digital replicas.
Online platforms will need to implement stricter monitoring and takedown procedures to avoid liability. This could lead to increased compliance costs and potential censorship concerns.
The act may also spur innovation in technologies that help identify and authenticate digital content, while also potentially stifling certain forms of creative expression, such as parody and satire.
Potential Benefits
- Provides legal recourse for individuals whose voice or likeness is used without authorization in digital replicas.
- Establishes clear guidelines for online services to address unauthorized digital replicas, potentially reducing the spread of deepfakes.
- Creates a framework for licensing and protecting intellectual property rights in the digital age.
- May incentivize the development of technologies to detect and prevent the creation of unauthorized digital replicas.
- Offers potential economic benefits to artists and performers by allowing them to control and monetize their digital likeness.
Most Benefited Areas:
Potential Disadvantages
- Could stifle creativity and freedom of expression, particularly in areas like parody, satire, and commentary.
- May disproportionately affect smaller content creators who lack the resources to navigate complex licensing requirements.
- The definition of "digital replica" may be overly broad, potentially capturing legitimate uses of an individual's likeness.
- Safe harbor provisions may not be sufficient to protect online services from liability, leading to over-censorship.
- The act's preemption of state laws could create legal uncertainty and inconsistencies.
Most Disadvantaged Areas:
Constitutional Alignment
The NO FAKES Act raises potential First Amendment concerns regarding freedom of speech and expression. While the act includes exclusions for news, public affairs, and satire, the broad definition of "digital replica" could still chill protected speech.
The act's intellectual property protections are generally consistent with the Commerce Clause (Article I, Section 8, Clause 3), which grants Congress the power to regulate interstate commerce and protect the rights of authors and inventors. However, the extent to which the act preempts state laws could raise federalism concerns.
Overall, the act's constitutionality will likely depend on how narrowly it is interpreted and applied by the courts, balancing the protection of intellectual property rights with the preservation of free speech and other constitutional liberties.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).